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(영문) 의정부지방법원 2016.04.29 2016고단273

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2015, at the defendant's room located in Gwangjin-gu in Seoul Special Metropolitan City, the defendant found that the victim E, who was living in a studio, opened a bath room and takes a bath, and used a mobile phone's camera function, taken the body of the victims who could cause sexual humiliation or sense of shame on five occasions from around that time to September 26, 2015, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Police seizure records;

1. A criminal investigation report (a video analysis investigation taken by the person under investigation), a criminal investigation report (on the site of a suspect's female crime and related to the victim's unspecified persons), and a report on the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes on photographic photographs related to the closure of a dynamic image and the suspect's influence;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed several times to commit each of the instant crimes, and each of the instant crimes was committed by the victims who feel a lot of sexual humiliation. In particular, considering the fact that part of the instant crimes was committed by intrusion into female toilets for the purpose of committing the crime, it is not good to commit such crime.

However, the above victims agree with the victim H, F, and G that the defendant led to the confession and reflect of the crime of this case, that the defendant is the first offender who has no record of criminal punishment, that the defendant does not repeat the crime in the future, and that the victim's consent is the victim's victim H, F, and G.